AZIM VIRJEE & 2 OTHERS v GLORY PROPERTIES LIMITED [2007] KEHC 512 (KLR)
- Court
- High Court of Kenya
- Case number
- 512
- Citation
- [2007] KEHC 512 (KLR)
- Decided
- 5 July 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial judgmentCoramO.K. MUTUNGI
Holding
The Originating Summons is struck out, and the Plaintiff is ordered to pay the costs of the application and the suit.
Facts
The Plaintiff, through their purported Receivers, filed an Originating Summons seeking to appoint Receivers and Managers and to appoint an indemnity. The Defendant filed a Notice of Motion seeking to strike out the Originating Summons.
Issues
- Validity of the charge
- Plaintiff's statutory power of sale
- Appointment of Receivers and Managers
Reasoning
The charge is defective and null and void, and the Plaintiff has no statutory power of sale. The suit was commenced by the purported Receivers, who are not authorized to do so.
Outcome
Appeal dismissed
Orders
- Originating Summons struck out
- Plaintiff ordered to pay costs
Remedies
- Plaintiff ordered to pay costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Indian Transfer of Property Act, 1882
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…